FIN-S Formal Cooperative Purchase Agreement (10-2022)
FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into EFFECTIVE ____________________________. by and between CITY OF FRESNO, a California municipal corporation (City), and NEW TANGRAM LLC., DBA TANGRAM, (Vendor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for materials, supplies, equipment, and public work of improvement. The City is allowed to piggyback an existing government agency’s agreement, under Fresno City Charter 1208.
The parties agree the Vendor was the lowest responsive and responsible bidder for Invitation for Bid (IFB) issued by Region 4 Education Service Center (ESC) . The IFB is attached hereto as Exhibit A and is incorporated herein by reference. The Parties agree that the Vendor has entered a Cooperative Purchase Contract with Region 4 Education Service Center (ESC) through OMNIA PARTNERS (Original Government Contract).
2. Vendor’s Obligation. Vendor shall provide those services and carry out that work described in the Original Government Contract, which is attached hereto as Exhibit B and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
3. City’s Obligation. City shall make to the Vendor those payments described in Exhibits A and B, subject to all the terms and condition contained or incorporated herein.
4. Notwithstanding the requirements that the Original Government Contract is fully binding on the Parties, the parties have agreed to modify certain non -material provisions of the Original Government Contract as applied to this Agreement between the Vendor and the City, as follows:
a) City’s Insurance and Indemnity provisions attached as Exhibit D. b) Address change for the City: Notwithstanding the address and contract information for the government entity as set out in Exhibit B, the Vendor agrees that notices and invoices will be sent to:
City of Fresno
Attention: Melissa Perales
Purchasing Manager
2101 G. Street, Bldg. A
Fresno, CA 93706
Phone: (559) 621-1157
FAX: (559) 457-1564
c) Notwithstanding anything in Exhibits A and B to the contrary, this Agreement shall be governed by, and construed and enforced in accordance with , the laws of the State of California, excluding however, any conflict of laws rule which would DocuSign Envelope ID: B65C1571-4024-499D-B18B-0D3971811E85
FIN-S Formal Cooperative Purchase Agreement (10-2022)
apply the law of another jurisdiction. Venue for purposes o f the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and dut8ies hereunder shall be Fresno County, California.
d) All other provision s in the Original Government Contract are fully binding on the parties and will represent the agreement between the City and the Vendor.
[Signatures follow on the next page.]
DocuSign Envelope ID: B65C1571-4024-499D-B18B-0D3971811E85
FIN-S Formal Cooperative Purchase Agreement (10-2022)
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales
Purchasing Manager
No signature of City Attorney required.
Standard Document #FIN-S Formal
Cooperative Purchase Agreement
(10-2022) has been used without
modification, as certified by the
undersigned.
By:
Sandra Gamez
Procurement Supervisor
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Addresses:
CITY
City of Fresno
Attention: Sandra Gamez
2101 G. Street, Bldg. A
Fresno, CA 93706
Phone: (559) 621-1169
E-mail: [email protected]
NEW TANGRAM LLC., DBA TANGRAM
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Vendor:
Tangram Interiors
Attention: Tasha O'Neal
677 West Palmdon Drive
Fresno, CA 93704
Phone: (559) 978-7983
E-mail: [email protected]
Attachments:
Exhibit A - Invitation For Bids
Exhibit B - Original Government Contract
Exhibit C - City’s Insurance and Indemnity
DocuSign Envelope ID: B65C1571-4024-499D-B18B-0D3971811E85 Joseph P. Lozowski
12/21/2022
CEO , President
12/22/2022
Nick Greenko
CFO